Resolution 2019-30958 RESOLUTION NO. 2019-30958
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN THE FORM
ATTACHED TO THIS RESOLUTION, AN AGREEMENT BETWEEN THE
CITY AND MIAMI-DADE COUNTY SCHOOL BOARD TO PROVIDE
DUAL ENROLLMENT COURSES FOR THE 2019-2020 SCHOOL YEAR,
THROUGH MIAMI-DADE COLLEGE, FOR COLLEGE CREDIT FOR
EIGHTH GRADE STUDENTS ATTENDING MIAMI BEACH NAUTILUS
MIDDLE SCHOOL F/K/A NAUTILUS MIDDLE SCHOOL, MIAMI BEACH
FIENBERG-FISHER K-8 CENTER F/K/A AS FIENBERG FISHER K-8
CENTER, AND FOR 9TH, 10TH, 11TH AND 12TH GRADE STUDENTS
ATTENDING MIAMI BEACH SENIOR HIGH, IN AN AMOUNT NOT TO
EXCEED $28,000 ("CITY'S CONTRIBUTION"); AND APPROVING THE
FUNDING OF THE CITY'S CONTRIBUTION FOR THE 2019-2020
SCHOOL YEAR FROM THE CITY'S 2018-2019 FY BUDGET; AND
APPROVING THE CITY'S CONTRIBUTION TO THE PROGRAM
FOR EACH SUBSEQUENT SCHOOL YEAR, SUBJECT TO FUNDING
APPROVAL DURING THE CITY'S BUDGETARY PROCESS AND
PROVIDED THAT THE CITY'S CONTRIBUTION AMOUNT DOES NOT
EXCEED $28,000; AND FURTHER AUTHORIZING THE CITY MANAGER
AND CITY CLERK TO EXECUTE ANY AND ALL REQUIRED
AGREEMENTS AND DOCUMENTS TO IMPLEMENT THE PROGRAM.
WHEREAS, the Education Compact with Miami-Dade County Public Schools
("M-DCPS"), established on January 16, 2008 ("Education Compact"), includes the
outcome to increase academic support and achievement; and
WHEREAS, the Education Compact reflects the desire of the Miami Beach
community to support excellence in the City's public schools to improve educational
opportunities for youth; and
WHEREAS, the graduation rate at Miami Beach Senior High School (MBSH) in
2016 was 82.5%, a 16.2% increase from 2011; and
WHEREAS, in order to increase academic support and achievement, the
Education Compact seeks to identify and pursues the implementation of best practices
strategies to increase the graduation rate at MBSHS; and
WHEREAS, dual enrollment is a program that allows eligible high school and
middle school students currently attending accredited Miami-Dade County public
schools, private high schools, or home schools, to enroll in a college course while
attending high school or middle school; and
WHEREAS, the credits that students earn in the dual enrollment program must
be applicable toward a high school diploma and postsecondary educational title, such
as the college associate, a baccalaureate degree, or a technical certificate; and
WHEREAS, students in 8th, gthand 10th grades that are enrolled in M-DCPS
are eligible to participate in dual enrollment programs and must meet specific criteria;
and
WHEREAS, due to state funding changes for dual enrollment courses in July
2013, M-DCPS is responsible for reimbursing colleges for instructor and administrative
fees; therefore, limiting the number of courses offered due to available funding and
credentialing limitations of instructional school staff; and
WHEREAS, Miami Dade College ("MDC") currently offers a dual enrollment
courses in approximately 34 out of 53 high schools and two (2) middle schools across
Miami -Dade County; and
WHEREAS, at the January 31, 2014 Miami Beach City Commission Retreat,
the Key Intended Outcomes ("KIO") in the City's Strategic Plan were discussed and
amendments to the priority outcomes of the Mayor and City Commission were formally
adopted on March 5, 2014 pursuant to Resolution No.2014-28525; and
WHEREAS, Resolution No. 2014-28525 established the KIO to "Induce Public
School Accountability Mainly at Middle School" and to "Achieve Educational K-12
Excellence"; and
WHEREAS, the City of Miami Beach has supported dual enrollment at Miami
Beach Senior High School since Spring, 2015 for 11th and 12th graders through Florida
International University; and
WHEREAS, prior to the City providing this enhancement, dual enrollment was
not offered by the high school or offered sporadically; and
WHEREAS, since the implementation of the program, in Spring 2015, there was
a financial savings, in the amount of $440,907.39 (based on 2016-2017 Florida State
tuition rates), to Miami Beach families for those children choosing to enroll in dual
enrollment courses; and
WHEREAS, dual enrollment courses save students and parents money, as dual
enrollment students are exempt from paying application, registration, tuition,
laboratory, and special fees if the classes taken are being used toward high school
graduation; and
WHEREAS, at the July 6, 2016 Finance and Citywide Projects Committee
("FCWPC") meeting, the committee recommended accepting the enhancement request
of $13,000 to expand dual enrollment options at Nautilus Middle School and Miami
Beach Senior High School, through a partnership between the City, Miami Dade
College, and Miami-Dade County Public Schools via the Education Compact Fund; and
WHEREAS, at the July 13, 2016 City Commission meeting, a discussion relating
to the expansion of dual enrollment options at Nautilus Middle School and Miami Beach
Senior High School, was referred to the Neighborhoods/Community Affairs Committee
("NCAC");
WHEREAS, at its July 15, 2016 meeting, the NCAC unanimously recommended
the enhancement in the City's 2016-2017 fiscal budget; and
WHEREAS, at its July 22, 2016 meeting, the FCWPC unanimously
recommended expanding the dual enrollment program; and
WHEREAS, on August 26, 2016, the Mayor and City Commission adopted
Resolution Number No. 2016-29537, accepting the recommendations of the FCWPC
and the NCAC, and authorizing the City to execute an agreement with Miami Dade
College and M-DCPS, to provide dual enrollment courses taught at Miami Beach
Senior High School (the "High School"), for 9th and 10th grade students attending the
High School, and at Nautilus Middle School (the "Middle School"), for 8th grade
students attending the Middle School and Fienberg Fisher K-8 Center during the
2016-2017 school year; and
WHEREAS, on January 4, 2017, the City, M-DCPS, and Miami Dade College
executed an agreement to provide these dual enrollment courses, providing for a total
City contribution of$13,000 in fiscal year 2016-2017; and
WHEREAS, on December 10, 2018, the City and M-DCPS executed another
Agreement to provide these dual enrollment courses, providing for a total City
contribution of$28,000 in fiscal year 2018-2019; and
WHEREAS, on June 5, 2019, the Miami Dade County Public School Board
adopted a resolution relating to Item D-67, renaming Biscayne Elementary School to
Biscayne Beach Elementary School; South Pointe Elementary to Miami Beach South
Pointe Elementary; Nautilus Middle School to Miami Beach Nautilus Middle School; and
Fienberg Fisher K-8 Center to Miami Beach Fienberg Fisher K-8; and
WHEREAS, the Administration recommends the City continue the program and
contribute a total amount of$28,000 for instructor salaries ("City's Contribution"), with
M-DCPS contributing approximately $18,000 for textbooks, based on six (6) classes
for the 2019-2020 School Year and subsequent school years, subject to funding
approval during the City's annual budgeting process; and
WHEREAS, the Administration recommends that the Mayor and City
Commission approve, in substantial form, the agreement, incorporated herein by
reference and attached hereto as Exhibit "1."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor
and City Commission hereby approve, in the form attached to this Resolution, an
agreement between the City of Miami Beach and Miami-Dade County School Board
to provide dual enrollment courses for the 2019-2020 School Year, through Miami
Dade College, for college credit for eighth grade students attending Miami Beach
Nautilus Middle School f/k/a Nautilus Middle School, Miami Beach Fienberg Fisher K-
8 center f/k/a Fienberg Fisher K-8 Center, and for 9th, 10th, 11th and 12th grade
students attending Miami Beach Senior High School, in an amount not to exceed
$28,000 ("City's Contribution"); and approving the funding of the City's Contribution
for the 2019-2020 School Year from the City's 2018-2019 FY budget; and approving
the City's Contribution to the program for each subsequent school year, subject to
funding approval during the City's budgetary process and provided that the City's
contribution amount does not exceed $28,000; and further authorizing the City
Manager and City Clerk to execute any and all required agreements and documents
to implement the program.
PASSED and ADOPTED this 11th day of September 2
ATTEST:
Dan Gelber, Mayor
�t 61 I lG rl%
Rafa I E. Granado, City Clerk
:INCORP ORATED: r
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APPROVED AS TO
FORM & LANGUAGE
FOR EUTION,'
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City Attorney Date
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Resol i n -C7 U
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN THE FORM ATTACHED TO
THIS RESOLUTION, AN AGREEMENT BETWEEN THE CITY AND MIAMI-
DADE COUNTY SCHOOL BOARD TO PROVIDE DUAL ENROLLMENT
COURSES, THROUGH MIAMI-DADE COLLEGE, FOR COLLEGE CREDIT
FOR EIGHTH GRADE STUDENTS ATTENDING NAUTILUS MIDDLE
SCHOOL AND FIENBERG-FISHER K-8 CENTER, AND FOR 9TH, 10TH,
11TH AND 12TH GRADE STUDENTS ATTENDING MIAMI BEACH SENIOR
HIGH SCHOOL FOR THE 2019-2020 SCHOOL YEAR, IN AN AMOUNT NOT
TO EXCEED $28,000 ("CITY'S CONTRIBUTION"); AND APPROVING THE
FUNDING OF THE CITY'S CONTRIBUTION FOR THE 2019-2020 SCHOOL
YEAR FROM THE CITY'S 2018-2019 FY BUDGET; AND APPROVING THE
CITY'S CONTRIBUTION TO THE PROGRAM FOR EACH SUBSEQUENT
SCHOOL YEAR, SUBJECT TO FUNDING APPROVAL DURING THE CITY'S
BUDGETARY PROCESS AND PROVIDED THAT THE CITY'S
CONTRIBUTION AMOUNT DOES NOT EXCEED $28,000; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY
AND ALL REQUIRED AGREEMENTS AND DOCUMENTS TO IMPLEMENT
THE PROGRAM.
RECOMMENDATION
Support the partnership for the 2019-20 school year with MDCPS to provide dual enrollment
courses through Miami Dade College and subsequent school years subject to approval of the
budget each fiscal year during the City's budgetary process.
ANALYSIS
The City of Miami Beach has maintained a partnership with Miami-Dade County Public Schools
(MDCPS) to provide dual enrollment classes through Florida International University and Miami
Dade College to students at Miami Beach Senior High School, Nautilus Middle School, and
Fienberg Fisher K-8 Center.
The interest and success of students at our high school and middle school in dual enrollment classes
has resulted in a 250 percent increase in the number of classes from the 2015-16 to 2018-19 school
years. The chart below provides information on the number of course and lass sections available to
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students following the implementation of the partnership in Fall 2014, as well as the financial savings
to Miami Beach families for those children choo3ing to enroll in dual enrollment classes offered at
Miami Beach public schools funded by the city. Additionally, these classes support class size
reduction efforts.
School #of Dual #of Class #of Per Savings to City
Year Enrollment Sections Students Credit •f Miami Beach
Courses Available Participating Cost Families
Fall 2014 0 0 0 -
Spring 3 4 104 216.55 $ 80,043.60
2015
Fa112015 2 4 123 216.55 94,666.95
Spring 4 6 138 216.55 '. 106,211.70
2016
Fal12016 4 6 125 218.53 N. 96,948.75
Spring 7 9 181 4. 218.53 140,381.79
2017
Fa112017 7 12 217 218.53 168,303.03
Spring 9 15 257 ', 218.53 199,326.63
2018
Fa112018 9 16 413 257.87 369,060.93
Spring 13 19 412 257.87 368,167.32
2019
Total 58 191 1,970 1,623,110.70
Funding to support and expand the partnership in the 2018-19 school years includes an estimated
City contribution of$70,000 for instructor salaries and M-DCPS estimated contribution of$99,000 for
textbooks.
The dual enrollment program at Miami Beach Senior High School and Nautilus Middle School allows
eligible students to enroll in a college course and high school class simultaneously. The credits the
students earn are used towards both a high school diploma and are acceptable towards a college
Associate or Bachelor degree, or technical certificate. The benefits of offering dual enrollment
courses to high school and middle school students include:
• Saves students and parents money, as dual enrollment students are exempt from paying
application, registration, tuition, laboratory, and special fees if the classes taken are being used
toward high school graduation
• Enriches the course opportunities for outstanding high school I middle school students
• Shortens the time to attain a college degree
• Provides students with college credit that is transferable to a college or university
• Allows grades earned to become part of the students'permanent transcripts
Dual enrollment course offerings include, but are not limited to, the following for the 2018-19
school years:
• Introduction to Sociology
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• Social Problems
• Introduction to Entrepreneurship ,
• Teaching Diverse Populations
• Criminal Justice
• Music Appreciation and Literature
• Introduction to Hospitality
• Writing in Rhetoric I & II
• Student Life Skills
• French l& II
• Criminology
• Introduction to Business
• Approaches to Literature
• Strategies for Success
• Public Speaking
• Individuals and Society
We will continue to support our strategic outcome to achieve K-12 public school excellence through
our Education Compact.
KEY INTENDED OUTCOMES SUPPORTED
Achieve Educational (K-12) Excellence
Legislative Tracking
Organizational Development and Performance Initiatives
ATTACHMENTS:
Description
o MDC Agreement Dual Enrollment
a Form Approved Resolution
Page 463 of 2228
AGREEMENT
THIS AGREEMENT is made and entered into as of this day of , 2019
(the"Effective Date,"), by and between
•
THE SCHOOL BOARD OF MIAMI DADE-COUNTY, FLORIDA
(hereafter referred to as "M-DCPS")
a body corporate and political subdivision of the State of Florida,
whose principal place of business is
Office of Academics and Transformation
Division of Academics
1450 N.E. 211d Avenue
Miami, Florida 33132
and
THE CITY OF MIAMI BEACH,FLORIDA
(hereinafter referred to as "CMB")
a body corporate and political subdivision of the State of Florida,
whose principal place of business is
1700 Convention Center Drive,Miami Beach, FL 33139
WHEREAS, to promote educational opportunities through the dual enrollment program in
Miami-Dade County, MDC and M-DCPS entered into the 2019-2020 Dual Enrollment
Articulation Agreement (the "Articulation Agreement") in July 2019, which is attached as
Exhibit A and incorporated herein by reference into this Agreement; and
WHEREAS, through this Agreement, in partnership with M-DCPS, CMB seeks to combine
its resources with M-DCPS and MDC in order to increase the competitiveness of the students
attending Miami Beach Senior High School by nurturing and supporting the dual enrollment
programs at Miami Beach Senior High School (the "High School") and Nautilus Middle
School (the"Middle Scho9l"); and
WHEREAS,this Agreement provides the guidelines for CMB to financially support the dual
enrollment courses at the High School and the Middle School.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged,the Parties agree as follows:
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ARTICLE 1—RECITALS AND DEFINITIONS
1.01 Recitals. The Parties agree that the foregoing recitals are true and correct and that
such recitals are incorporated herein by reference. The provisions of this Agreement
are subject to the provisions of the Articulation Agreement.
1.02 K-S Center. Fienberg Fisher K-8 Center (the "K-8 Center"), a public school which
matriculates students from kindergarten to 8th grade, located at 1420 Washington
Avenue,Miami Beach, Florida 33139.
1.03 MDC Faculty. A full-time or part-time member of the teaching faculty of MDC.
1.04 High School. Miami Beach Senior High School (the "High School"), a secondary
school located at 2231 Prairie Avenue, Miami Beach, Florida 33139.
1.05 Middle School. Nautilus Middle School (the "Middle School"), a middle school
located at 4301 North Michigan Avenue, Miami Beach, Florida 33140.
1.06 High School Teacher(s) and Middle School Teacher(s). A Miami-Dade classroom
teacher, as defined in Section 1012.01(2)(a), Florida Statutes, as may be amended,
who is employed on a full-time basis at Miami Beach Senior High School or Nautilus
Middle School.
ARTICLE 2—SPECIAL CONDITIONS
2.01 Term of Agreement. The term of this Agreement shall begin on the Effective Date
and end on June 30, 2020, unless this Agreement is terminated or the Articulation Agreement
is terminated, whichever may occur first. This Agreement may be renewed for additional
periods of time upon the mutual written consent of each Party to this Agreement and subject
to such terms and conditions as the Parties shall determine in writing.
In support of the objectives of this Agreement to expand the opportunities of the students of
the High School,Middle School,and K-8 Center by enhancing and expanding the existing dual
enrollment program at the High School and the Middle School, as a condition to renewing this
Agreement for an additional period, CMB may request that M-DCPS consider: 1) increasing
the number of credentialed High School Teachers and Middle School Teachers; 2)increasing
the number of dual enrollment courses offered at the High School and the Middle School;
and/or 3) increasing the scope of course subjects being offered at the High School and the
Middle School.
2 Dual Enrollment Financial Support Agreement
Page 465 of 2228
•
2.02 Joint Responsibilities. M-DCPS and CMB shall maintain responsibility for
implementing the various components of this Agreement as delineated in this Agreement and
the Articulation Agreement.
2.03 MDC Courses offered on the High School and the Middle School Campuses.
CMB will provide financial support to M-DCPS, as set forth below, for eligible students to
engage in a rigorous curriculum at the High School and Middle School that integrates the core
academics necessary to a four (4) year degree and also count toward a high school diploma.
Priority registration will provided to 8th grade students attending the Middle School and K-8
Center for classes taught at the Middle School, and to 9`h, 10th, 1 I`h and 12th students attending
the High School for classes taught at the High School. M-DCPS agrees to permit students
enrolled at the High School, Middle School, and K-8 Center (or who otherwise qualify
pursuant to Section 1007.271, Florida Statutes)who meet the eligibility requirements outlined
in the Articulation Agreement, to dually enroll in MDC courses offered at the High School or
Middle School, as applicable. The dual enrollment course offerings at the High School and
Middle School shall be set forth in a Memorandum of Understanding("School MOU")signed
by their respective school principals and the MDC Campus President, as stipulated in the
Articulation Agreement. An exception to the School MOU and this Agreement is that the
Student Life Skills (SLS) course may not be offered on-site at the High School or Middle
School due to the lower entry requirements. Additionally,only courses providing a minimum
of three(3)credits per course will be funded by CMB. Additionally,no courses that require a
pre-requisite class may be offered, only general Dual Enrollment classes with no pre-requisite
class may be funded by the City.
M-DCPS agrees to permit eligible 8th grade students attending the Middle School and K-8
Center to attend dual enrollment courses at the Middle School.
A. Marketing. M-DCPS, and the CMB will work collaboratively to market the
programs, provide staff development, transition students, evaluate courses, and
assess overall results.
B. Payment. The fees for the dual enrollment classes will be allocated as follows:
1. M-DCPS shall reimburse MDC for the provision of dual enrollment courses
at the High School and Middle School, at the rates and in the manner
stipulated in the Articulation Agreement.
2. M-DCPS shall invoice CMB to reimburse it for the provision of dual
enrollment courses at the High School and Middle School for students
attending MDC's dual enrollment courses. The total amount of
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reimbursements paid by CMB to M-DCPS under this Agreement ("CMB
Contributions"), shall be paid within thirty (30) days from receipt of a
detailed invoice from M-DCPS, setting forth the breakdown of the charges
and the number of registered students for each course. CMB Contributions
shall not exceed $28,000.00, or the cost of six (6) three-credit courses,
whichever is less, in each fiscal year (from October 1 — September 30).
Funding for the CMB Contributions for the 2019-20 school year has been
approved by CMB and incorporated into the CMB 2019-20 fiscal year
budget. Thereafter, funding for the CMB Contributions shall be subject to
budget appropriation and funding approval by the City Commission for
each fiscal year.
3. M-DCPS shall provide a copy of the invoice for the courses taught at the
High School and Middle School each semester/term to CMB, upon CMB's
request.
4. Regardless of the amount of or the timing of payment of CMB
Contributions, M-DCPS shall remain liable for reimbursing MDC for the
provision of dual enrollment courses at the High School and Middle School,
in accordance with the terms of this Agreement and in accordance with the
Articulation Agreement in the event CMB funding is not sufficient or
available.
5. CMB is not responsible for paying any costs or additional fees to MDC or
M-DCPS for dual enrollment courses provided at the High School and
Middle School by High School Teachers or Middle School Teachers, M-
DCPS is responsible for material and supply costs in accordance with the
Articulation Agreement.
6. It is anticipated that the cost for the student instructional material costs will
be $18,000 for Fall, 2019 and Spring, 2020, based upon 150 enrolled
students in six (6) dual enrollment classes. Actual costs will be based on
the actual cost for the classes and instructional materials.
2.05 Policies and Procedures at the High School and Middle School. Prior to
commencing any class at the High School or Middle School, an adjunct instructor shall meet
with the principal of the High School or Middle School, as applicable to discuss and
acknowledge any site specific policies and procedures of the High School or Middle School,
with which the adjunct instructor must comply including, without limitation, the Miami-Dade
County public school attendance policies and procedures.
2.06 Course Selection and Scheduling.The High School or Middle School principal shall
select the dual enrollment courses to be taught at the High School or Middle School, as
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applicable, provided that the courses are selected from the dual enrollment courses identified
in the Articulation Agreement,and the selected courses are do not require a prerequisite course.
The High School is responsible for ensuring that the student placement variables are provided
to Miami Dade College prior to scheduling the dual enrollment course.These variables include
identifying qualified students and providing the adjunct instructor with the class schedule.The
dual enrollment courses shall be accessible to all university/college eligible students and may
not be restricted to students enrolled in a specific high school academy or program at the High
School. The adjunct instructor shall strictly adhere to the 2019-2020 Miami-Dade County
Public Schools calendar and schedule, a copy of which is attached hereto as Exhibit B. The
adjunct instructor shall provide instruction every available school day for the fall semester,
from August 19,2019 through January 16,2020,and for the spring semester, from January 17,
2020 through June 3, 2020.
2.07 Notice. When any of the Parties desire to give notice to the other,such notice must be
in writing, sent by U.S. Mail, postage prepaid, addressed to the representatives designated
below by each Party (unless changed by written notice in compliance with the provisions of
this paragraph):
To M-DCPS: Alberto M. Carvalho
Superintendent of Schools
Miami-Dade County Public Schools
1450 N.E. 2nd Avenue, Suite 912
Miami,Florida,33131
With a copy to: Ms. Lisette M. Alves
Assistant Superintendent
Office of Academics and Transformation
Division of'Academics
Miami-Dade County Public Schools
1501 N.E. 2nd Avenue, Suite 327-K
Miami, Florida,33131
And a copy to: Walter Harvey
School Board Attorney
Miami-Dade County Public Schools
1450 N.E. 2nd Avenue, Suite 430
Miami, Florida, 33131
5 Dual Enrollment Financial Support Agreement
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To CMB: Jimmy Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to: Dr. Leslie Rosenfeld
Chief Learning Development Officer
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
And a copy to: Raul Aguila
City Attorney
City of Miami Beach
1700 Convention Center Drive-4'h Floor
Miami Beach, Florida 33139
ARTICLE 3—GENERAL CONDITIONS
3.01 Independent Contractor.The Parties to this Agreement shall at all times be acting in
the capacity of independent contractors and not as an officer,employee or agent of one another.
No Party, nor its respective agents, employees, subcontractors or assignees, shall represent to
others that it has the authority to bind any other Party unless specifically authorized in writing
to do so. No employee of one Party has the right to the retirement,leave benefits, or any other
benefits that may exist for the employees of another Party as a result of the performance of any
duties or responsibilities under this Agreement. No Party shall be responsible for social
security, withholding taxes, contributions to unemployment compensation funds or insurance
for any other Party or their respective officers, employees,agents,subcontractors or assignees.
3.02 Default, Termination and Suspension. If any Party defaults under the terms and
conditions of this Agreement, and such default is not cured by such Party within thirty (30)
days after receipt of written notice thereof,then the other Parties shall be entitled to pursue any
and all remedies available at law or in equity. Any Party may terminate this Agreement upon
thirty(30) days' prior written notice to the other Parties, for default.
Each Party reserves the right to terminate this Agreement at any time and for any reason,upon
giving thirty(30)days' prior written notice to the other Parties.
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1. If said Agreement should be terminated for convenience by M-DCPS as
provide herein, M-DCPS shall only be required to pay MDC for.the amount
for services performed prior to termination of the Agreement and shall be
relieved of all obligations under this Agreement. Accordingly, CMB shall
only be required to pay M-DCPS for the amount of services performed,
subject to the provisions of Section 2.03(B).
2. If said Agreement should be terminated for convenience by the CMB as
provide herein, CMB shall be required to pay the M-DCPS for the dual
enrollment three-credit courses taught through the end of the Spring 2019
semester,and CMB shall be relieved of all obligations under this Agreement
once the semester courses have been completed and classes have concluded.
Upon receipt of a notice of termination, the nonterrninating Parties shall cease incurring
additional obligations under this Agreement. However, the terminating Party shall allow the
nonterminating Parties to incur all necessary and proper costs which the nonterminating Party
cannot reasonably avoid during the termination process.
3.03 Annual Appropriation. The performance and obligations of all Parties under this
Agreement shall be contingent upon an annual budgetary appropriation by their respective
governing bodies and, in the case of M-DCPS, the allocation of funds for schools and state
colleges by the State of Florida. If any Party's annual budgetary appropriation or allocation of
funds to fulfill its obligations pursuant to this Agreement is insufficient, this Agreement may
be terminated by that Party at the end of the period for which funds have been appropriated or
allocated. That Party shall notify the other Parties at the earliest possible time before such
termination.
3.04 Excess Funds. If M-DCPS determines that pursuant to this Agreement it erroneously
received or was overpaid funds from M-DCPS or CMB,respectively,then the recipient of such
funds agrees to promptly notify M-DPCS or CMB, respectively, upon the discovery of such
erroneous payment or overpayment. Any such excess funds shall be refunded to M-DCPS or
CMB, as applicable.
3.05 Public Records. Pursuant to Section 119.070 1,Florida Statutes,any Party contracting
with M-DCPS, MDC, or CMB is required to: (a) keep and maintain available for public
inspection any records that pertain to services rendered under this Agreement for a period of
five(5) years; (b) provide such public records and at a cost in accordance with Chapter 119,
Florida Statutes,or as otherwise provided by law;(c)ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law; and(d)meet all requirements for retaining public records,transfer
records, at no cost, to M-DCPS, or CMB, as applicable, and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements in accordance with State of Florida records retention law and regulations. Each
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Page 470 of 2228
Party shall be responsible for compliance with any public records request served upon it
pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for
non-compliance with that law. Each Party acknowledges that this Agreement, and all
attachments thereto, are public records and do not constitute trade secrets.
IF MDCP-S OR CMB HAVE QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE M-DCPS CUSTODIAN OF PUBLIC
RECORDS AT: 305-995-1128,prr@dadeschools.net, and 1450 N.E. 2nd Avenue,
Miami, Florida 33132; OR THE CMB CUSTODIAN OF PUBLIC RECORDS
AT:
CITY OF MIAMI BEACH
ATTENTION: CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA, 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
3.06 Student Records. It is the Parties understanding that CMB shall not have access to
student records. However,if CMB does have access to student records,it shall agree to comply
with all applicable federal and state laws and regulations and M-DCPS policies and procedures
regarding the confidentiality,maintenance and disclosure of such records.
M-DCPS agree to follow the terms and conditions for this provision already in place for the
Articulation Agreement.
3.07 Indemnification. Each Party agrees to be fully responsible for its acts of negligence
or its employees' acts of negligence when acting within the scope of their employment and
agrees to be liable for any damages resulting from said negligence. This section shall survive
the termination of all performance or obligations under this Agreement and shall be fully
binding until such time as any proceeding brought on account of this Agreement is barred by
any applicable statute of limitations. Notwithstanding the foregoing, each Parties'
indemnification herein is subject to applicable laws, including, but not limited to, Section
768.28, Florida Statutes, as may be amended, and the limitations, restrictions, and defenses
therein.
Nothing contained herein shall constitute a waiver of sovereign immunity by any of the
Parties to this Agreement as it may be applicable or of any rights or limits to liability existing
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under Section 768.28, Florida Statutes.This section shall survive the termination of all
performance or obligations under this Agreement and shall be fully binding until such time as
any proceeding brought on account of this Agreement is barred by any applicable statute of
limitations.
3.08 Place of Performance. Students enrolled pursuant to this Agreement will attend
classes at the High School or Middle School,as appropriate.
3.09 Governing Law and Venue. Each Party shall comply with all applicable federal and
state laws,codes,rules and regulations in performing its duties,responsibilities and obligations
pursuant to this Agreement. This Agreement shall be construed in accordance with the Laws
of the State of Florida. The venue for any dispute with respect to this Agreement shall be in
Miami-Dade County, Florida. M-DCPS, and CMB shall be responsible for their respective
attorney's fees and costs incurred as a result of any action or proceeding under this Agreement.
3.10 Entirety of Agreement. This Agreement incorporates and includes all prior
negotiations, correspondence,conversations, agreements and understandings applicable to the
matters contained herein and the Parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
Agreement. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements,whether oral or written.
3.11 Binding Effect. The terms, conditions,and covenants of this Agreement shall inure to
the benefit of and be binding upon M-DCPS and CMB hereto and their successors and assigns.
3.12 Assignment. Neither M-DCPS nor CMB shall assign, sublet, pledge, surrender,
transfer, or otherwise encumber or dispose of this Agreement, or any interest it may have
hereunder,without prior written consent of the other parties to this Agreement,which consent
may be withheld by M-DCPS or CMB,respectively,in their sole discretion.
3.13 Incorporation by Reference. Appendix A, attached hereto and referenced herein,
shall be deemed to be incorporated into this Agreement by reference.
3.14 Captions. The titles or headings of sections in this Agreement are for convenience of
reference only and shall not affect the construction of any provision of this Agreement.
3.15 Severability. Should any provision or part of any provision of this Agreement be
found to be illegal, invalid, legally unenforceable, and/or against public policy, such that the
material provisions of this Agreement(e.g.the provision of dual enrollment courses at the High
School or Middle School or the payment for the dual enrollment courses), are not affected
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thereby,such enforceability shall not prevent enforcement of the remaining provisions or parts
of the Agreement. If any material provision of this Agreement is found to be illegal, invalid,
legally unenforceable or against public policy, then the entire Agreement is voidable at the
option of any Party.
3.16 Preparation of Agreement. The Parties acknowledge that they have sought and
obtained whatever competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to herein expresses their mutual
intent and this resulting Agreement shall not, solely as a matter of judicial construction, be
construed more severely against one of the Parties than the other.
3.17 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the
same formality as this Agreement and executed by each Party hereto. The City Manager of
the City of Miami Beach, Florida, on behalf of CMB, shall be authorized to execute any
amendment or extension of this Agreement.The Superintendent of Schools or his Designee of
the School Board of Miami-Dade County,on behalf of M-DCPS,shall be authorized to execute
any amendment or extension of this Agreement.
3.18 Waiver. There shall be no waiver of the right of any Party to demand performance of
any of the provisions, terms and covenants of this Agreement nor shall there be a waiver of
any breach, default or nonperformance hereof by any Party, unless such waiver is explicitly
made in writing by the such Party.
3.19 Force Majeure. No fault, delay, or failure to perform on the part of any Party to this
Agreement shall be considered a default,delay or failure to perform,if such a default,delay or
failure to perform is due to causes beyond the Party's reasonable control (e.g., hurricane and
other acts of God, war, terrorist attacks). In the event of such default, delay, or failure to
perform, the performance of the provisions contained herein will be extended upon mutual
agreement of all Parties.
3.20 Survival. All representations and warranties made herein, regarding indemnification
obligations, obligations to reimburse M-DCPS or CMB, obligations to maintain and allow
inspection and audit of records and property, obligations to maintain the confidentiality of
records, reporting requirements and obligations to return public funds shall survive the
termination of this Agreement.
3.21 Conflict. If there is a conflict between the provisions of the Articulation Agreement
and this Agreement, the provisions of the Articulation Agreement shall control. This
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Agreement may be modified by the Parties to comply with any applicable statutory
requirement of the State of Florida or the State of Florida Department of Education, as may be
applicable.
3.22 Authority. Each person signing this Agreement on behalf of each Party individually
warrants that he or she has full legal power to execute this Agreement on behalf of the Party
for whom he or she is signing and to bind and obligate such Party with respect to all provisions
contained in this Agreement.
The Parties hereto have made and executed this Agreement on the date last signed below.
(The remainder of this page has been intentionally left blank)
•
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•
FOR THE SCHOOL BOARD OF MIAMI-DADE COUNTY:
THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, MIAMI, FLORIDA:
By:
Alberto M. Carvalho
Superintendent of Schools or his Designee
Date:
ATTEST:
By:
Marie Izquierdo
Chief Academic Officer
Office of Academics and Transformation
Date:
By:
Iraida Mendez-Cartaya
Associate Superintendent
Office of Intergovernmental Affairs,
Grants Administration, and
Community Engagement
Date:
Approved as to Form and Legal Sufficiency:
School Board Attorney
Date:
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FOR THE CITY OF MIAMI BEACH:
THE CITY OF MIAMI BEACH:
By: --
Jimmy L. Morales, City Manager
ATTEST:
By:
Rafael E. Granado, City Clerk
Date:
APPR • AS TO
FOP-'-re; LAS GUAGE
•2JCUTION
g r
y Attorney , ate
•
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I-
Exhibit A
2019-2020 Dual Enrollment Articulation Agreement
(the"Articulation Agreement")
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